East Bay Criminal Defense Attorney Megan Dailey Highlights Legalities of Selling Medical Marijuana

Oakland, CA (PRWEB) November 23, 2011 “There are more than 750,000 medical marijuana patients in California, representing 2 percent of the state?s population. This values the medical marijuana retail market from $ 1.5 to $ 4.5 billion per year. Coupled with the present economic condition, it may be easier for people to get tempted to sell marijuana grown under a license for personal use,” states Megan Dailey, criminal defense attorney. East Bay criminal defense attorney Megan Dailey highlights the legalities of selling medical marijuana. The San Francisco Bay Area is one of the most common places in the U.S. for medicinal marijuana. East Bay residents should be informed that possessing amounts of marijuana over what a license allows can be used as a factor to show intent to sell, although not the only factor. Qualified patients and their primary caregivers may possess no more than eight ounces of dried

DEA Raids California, Colorado Medical Marijuana Operations


    by Phillip Smith, Putting some law enforcement muscle behind last week’s words of warning from federal prosecutors that a new crackdown on medical marijuana distribution was getting underway, DEA agents this week raided a model regulated medical marijuana grow in Northern California, a medical marijuana dispensary in Southern California, and a medical marijuana grow in Colorado. “The California marijuana industry is not about providing medicine to the sick,” claimed Laura Duffy, the San Diego-based US Attorney at the October 8 Sacramento press conference. “It’s a pervasive, for-profit industry that violates federal law.” But the operation raided Thursday, Northstone Organics in Mendocino County, has been touted as a model medical marijuana grow. It holds a Mendocino County sheriff’s permit to grow the 99 pot plants seized and destroyed by the feds, pays an estimated $8,500 annually in fees to remain compliant, and has even had sheriff’s deputies testify favorably about it in

Feds Send California’s Legal Pot Dispensaries Up In Smoke.


    Medical marijuana’s days may be numbered.  With a true double whammy, the IRS and federal prosecutors are both using weed killer.  California’s federal prosecutorsannounced an aggressive statewide effort to shut down dozens of pot dispensaries.  SeeFederal Prosecutors Target California’s Marijuana Industry.  If that’s not enough, then there’s the IRS. Legal medical marijuana dispensaries have tax problems and they’re getting worse.  Harborside Health Center alone has a $2.5M tax bill.  Dispensaries are slapped with IRS tax bills, taxed on gross income, not net!  That means no deductions for rent, telephone, advertising, wages, you name it.  Talk about seizure! California and 15 other states recognize medicinal marijuana and allow its sale.  But since federal law has not conformed, the drug law mismatchdirectly impacts taxes.  The IRS claims to only be the messenger, tellingHarborside Health Center it can’t deduct its expenses. The culprit is the tax code, since Section 280E disallows any business deductions—no matter how legitimate—incurred in trafficking in controlled substances.  What’s controlled?  Federal

Feds: California Marijuana Dispensaries Must Shut Down.


    http://weeddeservebetter.com/2011/09/29/congressmen-stop-shutting-down-dispensaries-in-the-city-of-corona/  https://wwws.whitehouse.gov/petitions/!/petition/reschedule-marijuana/Dp5MkLwk    ​In a major escalation of the U.S. federal government’s war on medical marijuana dispensaries, federal prosecutors have warned California collectives they have 45 days to shut down or face criminal charges and confiscation of their property — even if they are operating legally under the state’s medical marijuana law, approved by voters in 1996. California’s four U.S. Attorneys sent letters on Wednesday and Thursday to at least 16 dispensaries or their landlords notifying them they are violating federal drug laws, reports Lisa Leff at the Associated Press. Medical marijuana is legal in California, but federal law prohibits pot for any purpose. The U.S. Attorneys are scheduled to announce their coordinated crackdown on dispensaries at a Friday news conference. Their offices have so far refused to confirm the closure letters. The Associated Press said it obtained copies of the letters that one federal prosecutor send to 12 dispensaries

What’s Behind the Obama Administration’s About Face Regarding Medical Marijuana?

    Paul Armentano Deputy Director of NORML   Here was the Obama administration’s well publicized position on medical marijuana, circa 2009 (via the Ogden memo to all United States attorneys): The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department’s efforts against narcotics and dangerous drugs, and the Department’s investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.   Here’s the Obama administration’s not-so-well publicized position on medical marijuana today (via the May 2, 2011 letter sent from the office of the United States Attorney, District of Arizona, to the Arizona Department of Health Services